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the front page of the new york post today. there it is, a lot of concern about whether or not a foot long sandwich is really a foot long. (laughter) the fast food chain subway has talked a lot about the sandwich. >> sure. >> a key sandwich for them and an investigation of subway outlets around the city found many of the sandwiches are not a foot long. >> started with a customer in australia. >> angry about a 11 inch sandwich and the story went viral and customers photos online about the sandwiches and how long they were and subway hasn't really responded so we decided that we needed to get to the bottom of it. >> we asked them for a statement and haven't heard from them yet, but we do have straight from the national bureau of standards. >> that's right. >> an official certificated 12-inch ruler. can it be trusted. >> yes. >> it's 12 inches long, every bit of 12 inches long. >> the at least at this subway. >> some theorize that putting
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the bread in the oven might actually cause it to shrink a little. >> do you buy that? i don't know, rest assured we'll be on the case as any other lunch related stories come up. >> we report, you decide. >> "america live" starts right now. >> megyn: fox news alert with breaking news on a terror attack in the desert that's leaving americans held hostage and raising questions in washington about a possible rescue mission. welcome here to "america live" everyone, i'm megyn kelly. we've learned that at least one u.s. drone is over the scene in algeria, where terrorists took over a bp oil and gas facility in one of the most chilling attacks we've seen in decades. that drone, similar to this one, is now providing intelligence to the united states, amid conflicting reports about what's really going on on the ground and the news has been all over the place this morning on this. the white house sayitaying prety tight-lipped, but moments ago
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jay carney did say this. >> we condemn in the strongest terms, a terrorist attack on bp personnel in algeria and we're closely monitoring the situation. >> megyn: greg palkot monitoring this situation live from london now, greg? >> reporter: it's been fast-shifting story all day and according to multiple sources there's an algerian operation ongoing to try to free the hostages held by islamic militants linked to al-qaeda at the a natural gas complex in southeastern algeria. that operation could include helicopter gunships, ground troops of the algerian armies and hearing reports of explosions as well as a lot of confusion on the ground which is maybe the claims have been so wild today about the results of this operation. an algerian source was quoted saying that 25 foreign hostages were free, including americans, and then a militant claimed that 35 hostages were killed, along with 15 captured
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and now we're getting the official algerian government line from their mouth piece press. and they're tempering it down a bit saying four foreign hostages have been freed, british, irish, french, no americans mentioned and eyewitnesses say, however, there's some hostages, some captors have been killed in all of this. remember, what we have been reporting about is three to seven americans held, for the u.s. involvement, along with the drone, fast deployment special force teams are at ready, they're not in country yet and president obama has been speaking to algerian sources and speaking to the u.k. prime minister cameron as well as the french prime minister hollande and people in washington are asking for clarity, here in london, they are nervous and getting late word from the japanese government that they want a stop to this operation immediately. all of this, a response, according to the militants, that french-led assault in the neighboring mali against rebel militants there, and the french troops are on the
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ground now, staging an assault now, asking for the u.s. help. the u.s. is considering, but u.s., eyes, got to tell you, megyn, all on algeria. those reports, some hostages , but no americans have been mentioned, and some hostages and some captors could be dead and the latest word is that this algerian army operation with the whole international community watching on the sidelines, is on going, back to you. >> megyn: wow, greg, thank you. it's believed a well-known terror leader is behind it, link today a group based in africa. french intelligence once dubbed him uncatchable. he's believed to be in his early 40's and reported to be dead twice. al-jazeera did a live interview with a man believed to be the terror commander leading this operation and the network spoke to him and to three supposed hostages by phone, essentially giving a
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platform for the terrorist's arguments they'll negotiate if the algerian army leaves the area. we'll have much more, including the challenge of freeing those hostages when we speak with pete hegsa, an officer deployed to afghanistan in a bit. fbi director robert mueller travels to libya today. the bureau says he's this to discuss several ongoing issues, but comes as the investigators are into the middle of the inquiry in the attack on benghazi that killed ambassador stevens and three others on 9/11 of last year. now we're just learning that outgoing secretary of state hillary clinton will appear before the senate foreign affairs committee to answer questions on benghazi, this coming wednesday. that's the same day she was already scheduled to testify over on the house side. house republicans are today
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holding a meeting that could prove critical tt debt and spending crisis in washington. as they brain storm how to get the nation's finances in order we're hearing one proposal they're considering calls for a delay in the implementation of obamacare in exchange for raising the debt ceiling. really? chris stirewalt is our politics editor and host of power play on, it's like, you know, like they all get together and the house republicans and say who are we and what do we stand for? how are we going to handle this divided government in washington on a go-forward basis and is this one of the top ideas? we'll say, well, we'll raise the debt ceiling, delay implement takes of obamacare. >> we mean kabal in the nicest sense of the world. >> megyn: and they're washing the windows behind you and viewers are wondering what the ropes are behind you. >> maybe some republican trying to escape, i don't know
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what it is, but the reality they're in a bad position and don't have a lot of good options and you have to be creative when you don't have good options, that's just the deal. and so, yes, something like, we'll accept the debt ceiling for as long as you're willing to hold obamacare in abeyance. the president is not going for that. here is what they know, they have to have something on offer, because they got creamed on the tax issue, nothing on offer, no chips in the game. they had extension of tax rates, but they weren't passing anything, sitting around and pounding the table and weren't saying this is what we have. now it's up to john boehner and his team to coax out of this conference, who is very skeptical of him because of the deal he did on the tax rates and they look at him askance and what do you want to do, obamacare, the health care law and other things that
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might include giving the president a debt ceiling increase until the end of his term if he's willing to agree in big changes in entitlement programs. they've got to come up with something. >> megyn: they have to come up with a game plan. we saw with the fiscal cliff negotiations the end of the year they were divided and boehner couldn't sort of corral his house republicans to be on the same page and so now he's trying to do that and to get reelected speaker, he says i'm going to listen to you, i'll be your choice. now, the question, chris, whether you think these house republicans can speak as one and can find, you know, their one mission. you know, who you are and what you stand for. what my parents used to say to me. i say to my kids, who are you and what do you stand for and they're trying to figure it out. >> boehner is not going to try to corral anybody, from the cowboy rounding them up to the announcer at a horse race, he's saying what's happening as they're running along. >> megyn: and by a length. >> exactly, exactly.
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that he is he going to say, okay, what do you want to do. tell me what you want to do. okay, you want to have the president's health law held in abeyan abeyance, fine, we'll throw it up there. what do you want to do? he's got to reestablish, he's listening to them. and they've got to start with the debt thing, if the president starts firing at rockets at them before they've launched anything they're not going be in an a good position. once the members tell boehner what he wants to do he's got to go about the business of selling. >> megyn: and the trust, and do the exercise, with the arms out and fall back and a blind guy who climbed mt. everest will speak to him and it's like climb any mountain. >> i think they may be inviting some unflattering leadership analsies here, but yes, the idea is get everybody like just hug it out, bro,
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just get everybody together and got to just-- >> right up boehner's alley. speaker boehner loves to hug it out. oh, i've been waiting for this. okay, chris, thank you. >> you bet. >> megyn: the new question today about why we are not seeing more investigation, any investigation into why government agents waited weeks to arrest an illegal immigrant who also is a sex offender and was working for this powerful democratic senator. the ap reported that they delayed the arrest until after that democrat was reelected, and who is investigating this, other than the associated press? that's right after this break. and the accused gunman in the devastating shootings in connecticut and colorado suspected of having serious mental health issues. now, president obama has issued some executive orders seeking the mental health, he wants a national dialog, but dr. keith ablow says the president has missed a huge opportunity and he is here to explain that. and dreaming of the day you can retire?
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>> brand new jobless numbers out today from the labor department. the number of americans seeking unemployment benefits fell last week by 37,000 to 335,000. the four-week average fell to slightly more than 359,000. now, this is the lowest level in five years. let's keep in mind the jobless numbers in january can be misleading. many companies hired temporary workers for the holiday season. new question today why we are
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not seeing more or virtually any investigation into the case involving a volunteer intern in the office of a u.s. senator and this intern turned out to be a criminal. now, he was interning for new jersey democratic senator m menendez. and ap broke the story and found the intern was in the country illegally and is also a registered sex offender, molesting an eight-year-old. now, the fed was supposed to pick this guy up for deportation, but someone according to associated press told them to hold off, raising questions whether someone was worried how an arrest like this would look right before the election, they denied it over at homeland security and categorically denied it and now ap says it has the internal documents to prove it. and joining me is the chief counsel for the center of law and justice. this story, it's hard to get your arms around how many
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things went wrong here, we have an illegal immigrant who is a child molester, who is volunteering in the office of a u.s. senator and first, the senator's office says, well, we didn't know any of that because he was unpaid, so we never checked the social security number. there was no way for us to know is what they say. let's table that for now and talk about the fact that it appears no one other than the associated press, now judicial watch and i guess senator chuck grassley has taken interest thanks to the ap. >> right. >> megyn: where is the inspector general, the white house, the administration to try to see whether this actually happened? >> yeah, nowhere to be found is the answer to that and i think that what senator grassley did in his letter and request, as well as judicial watch in their document request shows what's going on here and you have to ask yourself the question and there is information according to the associated press, between ice and customs enforcement and the new jersey office that actually had arranged to have this intern picked up, arrested before the
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election. but they sent out, evidently, and now the documents are known, an e-mail and correspondence that said, this is a sensitive pickup, it's right before an election and this could-- there will be a lot of of media inquiry here and we've got to have a go ahead from washington and evidently they did not until december, when the arrest was made. but it brings up two fundamental issues. why is it that the arrest did not take place when the officials were ready to engage that arrest. >> in october. >> number two, why did washington even get involved in this? why was not ice just handling this in due course, you've got someone that's in the united states illegally. and you've also got the criminal track record and he's in a u.s. senator's office. you put all that together and you would want to excise that situation immediately. this could be a security risk to the united states. >> megyn: right, i mean, what would -- why is ice, or department of homeland security thinking at all about the political considerations how how it's going to look in the media. we got a picture of the
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illegal immigrant intern, our first look at him. and his name is luis abraham sanchez sabaleta. 18 years old. and dhs and ice are not supposed to be making arrests based on political considerations, are they or staving them off? >> megyn, i've worked with justice, i've worked with treasury and you know, there are procedures. when i used to do instruction for the department of justice on prosecution, they had procedures and guidelines they would go through and when you went through the guidelines it was standard protocol. here you had a standard situation that should have been standard protocol. once the information was known arrests should have been engaged, it was not, it was stopped because the quote media inquiry and speculation before an election, that's not an answer. they should-- there should have been a standard protocol followed here and when that standard protocol is followed you avoid these kind of problems, but let's reiterate. you've got a u.s. citizen-- not a u.s. citizen, an illegal immigrant in the united states senator's office with a criminal record and not here
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on a visa. you put all that together and you say, okay, eliminate that as a potential threat and go through the process, that's not what happened with ice and unfortunately, the dhs here. >> megyn: one of the interesting pieces of the story, ap broke this story and the department of homeland security which overseas ice categorically denied it and denied the story and ap dug deeper and they say these are official documents that confirm that this is secretary what happened. they had the guy-- this is exactly what happened. they asked and the arrest was delayed six weeks until after the election, a powerful democratic senator was reelected. now, who was in dhs? i assume there's an inspector general in dhs. who was the right person to say, all right, let's -- the reputation of the department is more important than the reputation of any one
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individual and we have to get to the bottom of how this happened. >> it should be the inspector general and now, i'm not, special prosecutors, we've talked about that before, but an internal investigation within the inspector general's office is clearly called for and now the senate has gotten concerned about it and they can do oversight hearings, but you know, it kind of reminds you of submitting a letter to the united states senate that the attorney general of the united states six months later has to revoke and saying, well, what we said in that letter was incorrect. the fact that you had dhs come out with the blanket denial, this is absurd, this did not happen and this is not the way we operate, and the documents are released. >> you're referring to the fax and furious investigation of course. >> exactly, and this should not be a great shock. what should happen here, the inspector general's office within the dhs should immediately investigate this and the senate right to call oversight hearings if they think it's warranted and they certainly haven't gotten the information they need. >> megyn: senator menendez says i was as surprised ago anybody, and i didn't find out
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that this intern was an illegal signature with a record. and they say he was unpaid, didn't check on him didn't have to ask for a social security number, no w-2 to fill out. really, we don't even do that. >> i asked my son, served as an intern when i was in college in congressional offices in the department of justice and he said the department of justice, he they did a background check, but a lot of congressional offices at the time they did not. and that to me is a flaw within the system itself. >> megyn: he's a u.s. senator. >> it's a whole different world these days and makes absolutely no sense and needs to be again, standard protocol you review-- the intern can get access to sensitive information in this senator's office, they have to know who is there, it's common sense. if you hired an intern you'd check out who they were. it's the same thing and this is even a more sensitive situation in a u.s. senator's office. >> megyn: it's stunning.
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hopefully the lawmakers are taking better care of themselves now having heard the story and us, they represent us and papers and confidential matters related to our legislation. thanks for being here. >> thanks for having he me, megyn. >> megyn: on two occasions, the president says the folks who did not agree with his gun control ideas were quote, just trying to scare people, gin up gun run up tv ratings. and now one that's the president cannot abide any news he tonight agree with. we'll debate whether that's fair and why it matters just ahead. >> those who oppose any common sense gun control or gun safety measures have a pretty effective way of ginning up fear on the part of gun owners. your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly
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>> we're getting word today that after al pacino will play the late penn state football coach joe paterno in the legendary coach's fall from grace amidst the child sex abuse scandal. the film with be titled "happy valley" it's based on the book called "paterno" he was the coach at penn state for decades until it was discovered that jerry sandusky had been molesting boys for years. and paterno was let go after there was reason to think, but proof he had knowledge of sandusky's behavior. he died shortly after those revelations. remember when the golden age of retirement was 62. well, 65, that i remember.
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that seems to be where we are now. that became the age that you, you know, hit that and head off to warmer climates and golf courses. and now we're hearing from ceo's who are pushing to gradually raise the retirement age to 70. saying that's best for the country's economy. elizabeth macdonald from the fox business network, i mean, i laugh because 70 is not old. are we supposed to react to that as though it's 90, like, oh, 70. you have to work to 70? >> right, 70 is the new 90, i guess, i don't know. but, really, megyn, you have to wait five years to hit the golf course as you put it. this is the group that's recommending it, the business round table, a group of influential ceo's and even the president and ceo of caesars entertainment corp., look, we're in a new era of fiscal problems and we have a new era of demographics issues, the realities are different than they were when social security was launched in 1935. and they're saying a great way
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to basically fix social security and medicare funding problems. tell you something that's interesting, you're hearing nothing out of the building round table, anti-age discrimination problems at work. certainly, the jobless rate of people who are, you know, 65 or older, the number of unemployed older workers, megyn, has doubled in the last recession, you know, and as much as one out of three senior citizens have health problems, it's going to be tough to keep those people healthy and on the job. and so, you don't hear from the business round table how they will protect older workers on the job and you don't hear any discussion of anti-age discrimination laws or things of that nature and aarp is upset about this and we're hearing that rhetoric ramp up in the debt ceiling fight and certainly the fiscal cliff fight. and the other thing, too, the argument for doing this the life expectancy has certainly lengthened and men who were born in 2004 expect today live ten years longer than those
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born in 1950. and this isn't the magic wand fix for social security, only solves half of social security's funding problems and the fact that you won't hit the casinos at caesars until age 70. i'm not sure that's going to fly. >> megyn: that's how you hit the casino, make money and go on the vacation or on the weekend. if you're retired you don't have a lot of money to spend at the casino. >> and make money and bolster your social security funds and retirement. >> megyn: we had a segment bill and i did, a woman in her 80's working at the 7-eleven overnight doing the cash register and she got robbed, 7-eleven got robbed and the story was something she got down on her knees and prayed to jesus he would save her and the crooks felt bad and left. and you know, let her stay safe. and i made the comment on the air, to the effect of, what's an 80-plus-year-old doing working overnight at 7-eleven anyway god bless her. oh, perhaps the job of anchor
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was taken. (laughter) the point is you can work well into your 70's and 80's if you choose. >> i hope you work until age 90. >> megyn: well on my way. >> to the viewers who wrote the crabby e-mail. >> megyn: they had a point. liz, sure. and new concerns that the president's new gun proposal does not address what is obviously one of the biggest issues behind some of our worst mass shootings. mental health. we speak to dr. keith ablow on why he thinks the president missed a huge opportunity on this critical issue. he mentioned it, but it was not his focus in what he revealed yesterday. on two occasions in the past week the president suggested the folks who did not agree with his gun control ideas were quote, just trying to scare people, gin up gun sales or drive up tv ratings and one columnist suggests that the president cannot abide any views with which he does not agree. is that fair? >> there will be pundits and
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politicians and special interest lobbyists publicly warning of a tyrannical allout assault on liberty. not because that's true, but because they want to gin up fear or higher ratings or revenue for themselves. ♪ pringles... bursting with flavor. i've been fortunate to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel.
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>> we are watching a messy winter storm in the southeastern part of the country. several inches of snow have
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fallen in mississippi and now the storm is missing to the east, look at the radar. winter storm warnings for parts of alabama, georgia, north carolina and tennessee. some places in the appalachian mountains could get more than a foot of snow and janice dean is watching this in the fox weather center. we'll keep you posted on any developments. a political writer michael barone has a column getting attention, suggests, quote that the president cannot abide views that he doesn't sure and for one example, barone points to the two times this week the president seems to suggest that the opponents of his gun control measures have some very ugly motives. listen. >> as far as people lining up and purchasing more guns, i think that we've seen for some time now that those who oppose any common sense gun control or gun safety measures have
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pretty effective way of ginning up fear on the part of gun owners that somehow the federal government's about to take all your guns away. there will be pundits and politicians and special interest lobbyists, publicly warning of a tyrannical allout assault on liberty. not because that's true, but because they want to gin up fear or higher ratings or revenue for themselves. >> megyn: simon rosenburg is president and founder of ndn, a think tank, advocacy authorities and president clinton and mark theison a former speech writer for president george w. bush. and before we get to the gun debate an unfortunate to impugning the motives of his
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opponent. and it's pretty clear that that is what happened there, as he is saying those who oppose his measures do so because they want to gin up fear or make money or generate tv ratings. why can't it be, mark, that they just don't see eye to eye with him? >> well, that's exactly what it is. i mean, we have a difference of opinion and people come to their, to their positions with honesty and with conviction and obama can't simply see that. look, that's not the only time he's done that this week, on the debt limit when he had his press conference on the debt limit. what's motivating and propelling the thousands republicans is more than simply deficit reduction, they are suspicious about government commitment to make sure that seniors have decent health care and whether government should make sure that kids in poverty are getting enough to eat. that's an outrageous statement to begin with. on top of that that's not exactly a great way to forge bipartisan consensus. it o
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it's one thing to question your opponent's policies and another to question their motives. and he's not interested in forging bipartisan consensus on the debt, he's interesting in demonizing and dividing republicans and he's going to continue to do that in his second term. >> megyn: why would he be doing that, simon? >> i think it's called politics, megyn. i think what we expect out of our president, just like we expect out the republican party, is for them to fight as hard as they can for the things that they believe in. and to be -- and to make clear about what they believe the other side is doing, too. listen, i listened to rick santorum at the republican convention say that if barack obama is reelected it will be the end of the republic and tyranny. and that he invoked tyranny, he almost won the republican nomination and used those lines at the republican convention. this is not pie in the sky, this is common talk on the
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right, his presidency and barack obama and some of his issues. what i'm surprised by, and i respect mark a lot, there's so much whining going on here coming from the right about barack obama now fighting hard for the things that he believes in. you guys thought he was a wimp. you guys didn't think he was going to fight for the the stuff he cared about and now that he's fighting, you're whining about it and that's a sign of a losing political party. >> megyn: go ahead, mark. >> i'm not whining about anything, unlike his immediate predecessors, barack obama is not interested in bipartisan. compare him to george bush and bill clinton. george bush reached across the aisle with ted kennedy for the the no child left behind and bill clinton reached out to republicans and worked with them to pass the north american free trade agreement over objection of majority of democrats. where are barack obama's bipartisan achievement and legislatures he passed working with republicans against democrats? not a single issue he stakes a claim against his own party
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for the good of the country. his model is stimulus, and obamacare where he maximizes his position and rams it through as best he can and look, it's worked for him. he won, got both of those bills through and he won reelection and i see no sign whatsoever he's going to become the post partisan president in the second term that he promised to be in his first and never was. >> megyn: the question is though, simon, whether and even -- putting aside the fact that he's fighting for what he wants and that's what a president is supposed to do, it's the language and the impugning of the motives. when he was running for office back in '08 he said i am not going to be the by who demonizes my opponents. now when you stand u and is issue as controversial as gun control and got all of these top democrats coming out and saying you don't have my vote on this, mr. president, you can't get this bill passed in the senate and you come out and say the people who tell me my ideas are bad are people worried about their revenue or their ratings or just trying to gin up fear, it makes people who really hold beliefs
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that don't have anything to do with those motives say, he doesn't know me, he doesn't speak to me, he's not persuading me to listen to him with an open mind. >> well, i think, megyn, two things. these were obviously part of much longer press conferences and there's much more said throughout all of this, and so, you guys picked out the sort of the most, you know, the most controversial parts, perhaps, of the press conference. there was a much longer and i thought thoughtful discussions of the issues if you pulled the whole transcript. the second thing i want to just address directly the idea he hasn't worked across party lines. this is one of the biggest falsehoods that's being promulgated by the republicans. if you look at the health care bill and mandate, that was created by the heritage foundation and pushed by mitt romney that he then absorbed, right? on immigration, we listened to the republicans in 2010, we spent significantly more money, 600 million dollars more on border enforcement. it's had tremendous results, right? we cut a deal with the republicans in 2011 cutting a
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trillion dollars out of domestic spending and so, this idea that there hasn't been work across the party line is just wrong, it's just that this is going to be a very contentious, two parties are fighting right now, it's going to be very contentious and i don't think that that's going to dissipate in the next couple years. i think it's going to be a tough and rough go of it here the next two years. >> megyn: i think you're right about that. go ahead, mark. >> immigration is going to be a major test for barack obama, because this is an issue where republicans looking back at the last election are having a big rethink of their policy and marco rubio has stepped forward and is trying to forge a middle ground on immigration. barack obama has a choice, he can take a maximalist position and try and use immigration like he's used other issues to drive a wedge between republicans ab hispanics or reach out to rubio the way na george bush reached out to ted kennedy and forged a major bipartisan effort on immigration, and this is a major test for barack obama and we'll see if he's the post partisan president he promises
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to be or not. >> megyn: good debate and good to see you both. >> thanks, megyn. >> new. >> megyn: take a look at this picture, the three men behind three recent horrifying awful mass shootings. up next, dr. keith ablow on mental health and why have we heard so little about it during the the big reveal from the white house yesterday. and, this story, the story is mind blowing, i don't follow football, i don't follow college football, but this guy is a huge star for notre dame football. his story his grandma tied and girlfriend died and he went out there and played and gave him the team ball the girlfriend and you know, it was all fake. it was a huge hoax and now the question is whether he was in on it, or he was the victim of it. kelly's court takes up the case. >> there was no, no suspicion that it wasn't, no belief that it might not be, and so, the pain was real, the grief was real, the affection was real.
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and that's the nature of this sad, cruel game.
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to help relieve your pain and stop further joint damag >> well, in his new renewed bush for gun control, the president signed 23 executive actions with four of them addressing mental health to some extent, but even with those, my next guest says the president missed a huge opportunity to really take on the underlying issue behind this wave of recent shootings. and that is mental health and the problems we have in the mental health system right now. obviously the shooting at newtown elementary school is first and foremost on people's mind. this guy in the middle guilty or accused of the movie theater attack in aurora and then jared loughner accused of shooting former congresswoman gabby giffords and others in arizona. joining me now dr. keith ablow, a member of our fox news medical a-team.
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they're going to study it and have kathleen sebelius and arne duncan study it or engage or evaluate ideas, a national conversation and have the c.d.c. take a look into mental health. the focus is clearly on gun control. >> the focus is clearly on gun control because he's rolled out executive orders on gun control and when the c.d.c. is going to study, they're going to look at what sorts of people use assault weapons and why did they discharge them in schools. they're not going to look at the root issue, which is why can't people get mental health care in this nation and why are we ignoring folks who come forward and say i'm at risk for violence, and they don't get the help they need and that happens every day in america. the killers that you use mentioned, they have three things in common, they're mentally ill, they're male, and they happen to use guns. of the three they can only change one. they can change the means by
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which they cause destruction and to think that they wouldn't change if it became difficult to get assault weapons is folly. of course they would change. explosives were used in 1927 to perpetrate the worst case of school violence that killed 38 children. >> megyn: right. i mean, people like to say oh, but you know, if you took certain rifles out of their hands the carnage would be less. there's no evidence of that. there are lots of ways to kill lots of people like the example you mentioned in michigan, too horrific to detail here on television, but it was terrible and it involved a bomb and a lot of children died. why do we do it? is it like the comfort check that we go through and take our shoes off at the airport and need to say well, we've done this so now our children are safer? >> you know, why do we do it? well, we're not doing it because you and i might take a very different course. the president is saying that this is all due to guns because i think he instinctively at the core is being elementally moved towards disempowering the
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people and empowering the state. and this is a place where he can do that and i think he's hijacking these tragedies to say we're going to invest more power in the state and take guns away from law abiding citizens, who feel autonomy when they have them. >> megyn: even if you think that's barack obama's motivation and even if you believe that. >> yes. >> megyn: what would be his motivation for not doing more about the mental health system? i tell you others have come on this program and said it's just overwhelming, i mean, where do you begin? the amount of resources it would take. it's so catastrophic, the state of the mental health system and problems we had to fix, you don't know where to start. >> well, i mean, if i was myself, i would say because psychiatry empowers people, so, if you can take their guns and sense of independence, why would you talk with them, give them back their mental well-being. they're stronger now. it seems the president is intent on in some ways weakening individuals. >> megyn: oh, come on. >> no, i really think that. it's also a complicated issue
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because if you really want to do the work and not just pontificating and grabbing guns from people because that makes you feel the state is going to save everything, there's work to be done. we deconstructed this system in the '70s, '80s, '90s, yesterday i had to intervene on behalf of a family whose son asserted that he wanted to kill his parents, who might very well want to kill other people, and spent several days, no more, in a psychiatric hospital, who then wants to discharge him without a psychiatric appointment over a week on the same medicines he was on when he came in. how can they know that that is somebody that doesn't need much longer term treatment. this is somebody who attacked his father with a knife to kill him, who told his mother he wanted to kill her and spending six days in the hospital going home on the same medicine? >> and this is a family, obviously engaged in their son's care and has some advantages. and coming up on a hard break, it just goes to show you the
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problem is huge and you know, i hope the national conversation is an in depth one. doctor ablow, thank you for being here. >> thank you, megyn. >> megyn: a woman in utah buried alive in a massive avalanche. what she did while she was entombed in the snow that might have saved her life next. [ male announcer ] there are only so many foods
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>> a utah woman is speaking out for the first time after nearly losing her life in an avalanche the size of seven football fields. trace has the latest from our west coast news room, trace? >> reporter: she was skiing with her boyfriend in salt lake city. very experienced, they were skiing together, somehow in the fresh powder triggered that avalanche, 500 or rather 700 feet wide. they were both caught, they were both swept down the mountain. listen now to elizabeth
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malloy. >> i did not hear the collapse, but i looked up and i saw the slide coming. it was more like a water slide. i was sliding face first on my stomach downhill. >> reporter: all the way down, she ended up buried, but her boyfriend adam ended up with his head above the snow and he climbed out and began looking for his girlfriend. they both had avalanche beacons and he flipped his on and a signal from hers and grabbed an avalanche shovel and began dig, under the snow, elizabeth was meditating and freezing and losing consciousness and she says she felt strangely serene. >> so i just said a few things to myself, like it's not time for me. this isn't it. i'm going to just breathe really slowly, and adam will find me. >> reporter: oh, he found
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her, first he found her foot and pulled the rest of her out. she stopped breathing so he performed cpr. here is adam. >> she had began to turn purple. and i did my best to, to clear out an area for her to breathe. >> reporter: she started breathing and eventually another skier came down to help them get her down the hill. she had some frostbite on her toes and fingers, but says she can't wait to go back. >> megyn: oh, my god, really? you go skiing with an avalanche shovel and avalanche beacon and then you lose consciousness and have-- mouth to mouth and you're going to do it again? >> reporter: that's the back country skiing, what it's about, be prepared and willing to do it again. >> megyn: speaking of holes in the mental health system. see you trace. sorry. the president yesterday signed an order clarifying doctors can ask whether you have guns in the house. michelle malkin says the issue is farther than that.
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she'll explain how and why further. a college football star gets national attention about a heart-wrenching story about his dead girlfriend. it turns out it was a hoax. who is behind it? was he in on it? kelly's court takes on the unbelievable case. [ female announcer ] today, jason is here to volunteer to help those in need. when a twinge of back pain surprises him. morning starts in high spirits, but there's a growing pain in his lower back. as lin grow longer, his pain continues to linger. but after a long day of helping others, he gets some helpful advice. just two aleve have the strength
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>> fox news alert. one day after the president took a tough line with congress on the subject of gun control we are getting signs that some of the big democratic swing votes signaling real resistance to his proposed assault weapons ban. brand new hour of "america live," welcome, everyone, i'm megyn kelly. the president some kind 23 executive action on the issue of gun control, but that's only part of his plan. with the rest of his plan dependent on critical swing votes from a few moderate democrats over in the senate, this legislation would have to start in the senate is getting pushback, there are or rumblings this thing is in some trouble. chief white house correspondent ed henry is live in washington on the north lawn with more, ed? >> reporter: good afternoon,
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megyn, you're right. what we saw from the president tomorrow-- yesterday, rather at the white house was kind of a more aggressive tone in terms of the start of the second term and how he's making demands on congress, specifically on this gun issue shall the n.r.a., as you know, has already come out and said there's going to be a monumental battle over this. you're right, there's a less covered part of this, which is that the president is facing resistance from fellow democrats as well. look at joe manchin, the senator from west virginia, after the tragedy in newtown, he suggested even though he's a more conservative democrat from west virginia he might be supportive of an assault -- a ban on assault weapons and he's now walking that back a bit. senator al franken from minnesota, up for reelection in 2014, a liberal democrat, not conservative democrat. suggested yesterday he wasn't sure about a ban on assault weapons and today he's clarifying in fact he supports what he says is the principle of banning assault weapons, but didn't specifically say he
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supports legislation to ban those assault weapons. and so, it's interesting, because jay carney at the daily briefing today got a lot of questions of bringing democrats along, he says the president is confident after lobbying, and going out on the road eventually that some of these lawmakers will come along, take a listen. >> he firmly believes they are and he'll be having that covering with republicans and democrats and with americans more broadly. again, i think you've seen some change in the atmosphere around this issue since the tragedy in newtown. and we've seen some gun rights supporters who haven't abandoned their support for gun rights, just that the president has not, but who view this issue now in a different way. >> reporter: jay carney went on to say that we can expect the president in the weeks ahead to go out on the road and campaign for this like he did on previous issues, but what's different this time and what's interesting is on the
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payroll tax cut fight, on the student loan issue where he went out to the american people, campaigned on it, he was mostly pressuring republicans on the hill to give in. what will be different in the weeks ahead, he's going to have to be pressuring some of his fellow democrats, like joe manchin to come along. >> megyn: when you don't have al franken totally on board you've got problems there. >> reporter: an issue there. >> megyn: certainly is. all right. thanks. >> reporter: thank you. >> megyn: well, we have some breaking news on a hostage crisis involving americans in algeria. and new concerns about the challenge of a rescue mission to save those two americans, believed to be two. we've learned from a senior military official at least one u.s. unarmed drone is overhead the bp gas plant in algeria and you can see it, where the white house says it believes two americans are held by an al-qaeda-linked terror group. the obvious question, can we safely rescue our fellow americans?
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the ceo of concerned veterans for america, he's done tours of duty in both iraq and afghanistan. pete, let's just take this in baby steps. >> sure. >> megyn: what's happening in algeria? people are very concerned with their lives here and we care about our fellow americans although most people don't spend a lot of time paying attention to algeria. >> sure, hostage situation is in eastern algeria, a largely lawless area, that sits next to libya itself is a lawless area. if you've got an area without much government control. this situation in algeria for the hostage takers is about mali, and mali borders algeria and the french stopped islamists moving to the capital and because of that these hostage takers in algeria-- >> hold on, you lost mere. >> sorry. >> megyn: who is mali, and why do we care about her? just kidding. mali is a country that used to be a democracy and then there
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was a coup and all sorts of bad guys started running mali. so-- >> pouring down from the north into the south and we're trying to push, the french are trying to push them back. >> megyn: so this is related to that issue. so people are upset in algeria what is happening in mali. how did the american citizens get involved in this. >> the american citizens are workers at this gas plant, the international oil and gas facility run largely by bp, which has had quite a bad streak of luck recently and seized by islamicists called themselves the masked brigade or battalion of blood and holding them hostage and trying to demand the french government get out of mali. so, these are both former french colonies, algeria animally and the hostage-takers are demanding that the french get out of mali and a lot of the hostage-takers may be from mali. >> megyn: and the french are dealing with this and the europeans are dealing with this, but our defense
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secretary called it a terrorist attack and whether we will assist and whether there will be some sort of rescue operation or. >> yeah. >> megyn: whether there already has been one. we talked in the last hour. >> that's right. >> megyn: about the conflicting reports. there was one a lot of people died. there was one, a lot of people got out. where are the americans, are they alive, dead, rescued? do we have answers to the questions? >> i've been reading this up to the minute and we don't have answers to the questions. we don't know if most of the hostages have been killed. in fact, algerian government says they now control the facility and that contradicts reports that they don't because they're holding hostages there. we really, really don't know. and we've got an unarmed drone above, sounds a lot like benghazi, we can watch it, but can't affect it. i would hope that if americans are on the ground, that we would have, are part of building a plan that would try to get them out of there that doesn't involve negotiating with groups linked directly to al-qaeda. >> megyn: all right. and you always have to pay attention when american citizens fall in the lands of al-qaeda-affiliated groups and
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that's a situation as it stands right now, at least so it appears right now. thanks. >> thanks, megyn. >> megyn: israeli border is increasingly dangerous as unrest rises in egypt. the israel response commando units have its handful, tracking smugglers and refugees trying to cross the border. our own leland vittert joins us with the unit never before seen footage. >> reporter: pretty incredible, megyn, what she is guys do on the border inside the sinai peninsula. and they're using the lawlessness to be able to rearm, regroup and using that launching pad on the border to launch attacks against israel. seeing the surveillance video, smugglers use old-fashioned camel trains and to move into
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israel. the organizations are coming are an army and we're ready to go to war explains the commander unit. a rapid reaction horse seen here training to keep the number of al-qaeda fighters and jihad and other militants from taking over the sinai peninsula from coming across this 120 mile long border. for years, the only thing separating the egyptian-israel border is the road we're riding on now. the egyptian revolution changed things and a steel reinforced fence topped with barbed wire and heavily armed fighters ready for combat at a moment's notice. when militants make it across there are deadly consequences, august 2011, infiltrators attacked a bus on the road to israel's southern beaches, killing four civilians and four soldiers. and the egyptian border is barren landscape and all of those commandos prefer to work
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during the night and often times now they're forced to intercept smugglers during the day and forcing to rely on tried and true measures of camouflage. the question for you, where behind me are hidden half a dozen commandos, heavily armed and ready to pounce on prey they're been waiting perhaps days for coming across the border. >> obviously, in the past couple of years, the egyptian government has become more hostile politically towards israel and made an effort in the sinai to try and take out some of the jihady groups and al-qaeda groups and they're incapable of doing, lack of political will to do it or a combination of both and they've been ineffective of taking care of the problems on their sides of the border, back to you. >> megyn: leland, thank you. the president yesterday signed executive actions on gun control that included a letter clarifying that your doctor can ask about the guns in your house. michelle malkin explains that this goes a lot further than
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worries about home safety and that's next. and more or the unbelievable hoax involving a college football star and the dead girlfriend we're now learning never even existed. kelly's court asks what if anything the people involved in this might have to gain and what penalty, if any, they can face for this prank. . >> the thing i am most sad of, sad about, is -- i'm sorry, that the singlemost trusting human being i've ever met will never be able to trust the same way again in his life. it works, simple as that. it's a natural source of fiber and five essential vitamins. it's the smart choice for me. stay fit on the inside with sunsweet's amazing juices.
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>> fox news alert. we've got breaking news that's going to make a lot of folks sad. long time advice columnist dear abby has died. pauline phillips wrote an advice column for many years
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under the name of abigail van buren and spent a lot of her later years struggling with alzheimer's. no word on cause of death and she competed with ann landers,written by her twin sister. ann landers, gone at age 94. well, president obama giving doctors a role in his push for gun control yesterday. he signed a document clarifying that doctors do have the authority to ask about guns in your home. but our next guest says, the issue goes well beyond safety in the home and there are questions whether many feel that's appropriate. michelle malkin is a columnist and fox news contributor. what he said in the action, he's clarifying that doctors are able, they're not prohibited by the health care act, obamacare from asking whether a patient has a gun in
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his or her home. it doesn't mandate it, but nothing in this law stops you from doing that. why is that controversial? >> there are a the lot of eyebrows raised whether this violates federal health care privacy laws, hipaa, anyone who's been to a doctor's office has had to fill out all of those forms and you feel like you're assured they're not going to be invasive about personal matters that they shouldn't be asking about or that you don't volunteer yourself to these medical professionals. but i think this is was a green light to do the kind of snooping that's going on for quite a long time. i have to say this not necessarily in defense of the obama administration, but a lot of people who have been mistakenly characterizing this as some sort of new initiative to deputize doctors to basically be anti-gun lobbyist ins their practices. in fact, this has been going on for years and years and years and i wrote about it back in the clinton administration when you had a
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lot of liberal establishment leaders of these medical professional associations, like the ama, american me association, or the aap, the american academy of pediatrics, which is basically straight out come out, brazenly, as anti-gun and advocated for a wholesale ban on handguns. it's shocking, but when my kids were toddlers, boy, a long time ago, but it does go by so quickly, we had a pediatrician that started asking if we were gun owners what kind of locks we were using, and eventually, what this turns into is a way for doctors to grill children not in the presence of their parents to snoop and be invasive about their political views, basically. >> megyn: because, it's under the auspices, i gather, if there's a gun in the home, that's a dangerous instrument and there are children there and they need to be protected and the doctor, i suppose, is
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putting him or herself into the shoes of the parent and trying to make sure that the child is adequately protected. and the law usually a p presumption that the parent is looking out for the best interest of the child, but that setup sort of undermines that assumption. >> yes, it does. these are the basic tenets of the nanny state, someone other than the parent, whether it be an educator, the health care professional, or the government and politicians who know better than their own parents, what children should and should be doing and exposed to and what they should believe. and as part of the nanny state mentality, they operate under the guise of being the ultimate protector of the children and see the safety rhetoric and language. it's really a wedge to get into the home and to undermine the parental-child relationship. and i know that there are a lot of snotty elitist liberals out there rolling their eyes,
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and who consider any parent who talks about this as paranoid, but i can tell you that you've got many viewers out there who have been not only offended, but very troubled and worried by this invasiveness that is a great trend, not only in, you know, health care offices, but in schools, as well. >> megyn: well, it's not just asking children what's in the home. the president seems to be clarifying any doctor can ask anybody if they have a gun in their house, it's not considered inappropriate, not considered nosey, i guess it hasn't been and trying to clarify for the doctors who thought it was inappropriate that it's not and they can feel free to go ahead and ask people about that. the thing that people need to know, there's already an exception to the doctor-patient privilege. if your doctor believes you're dangerous and likely about to commit a crime against somebody then he has an obligation, he has to report that to somebody. so, query what additional value he gets and at random asking you whether you have a
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gun. >> exactly right. now, it's like i said, this is the nose under the tent and there's a policy subtext, which i think is important. a lot of these anti-gunners for a long time have been trying to fight against the tire amendment passed about eight years ago with bipartisan support and renewed with bipartisan support, the obama administration hasn't done anything about it until now, and i think this is starting to set the groundwork for repealing that. what that did was basically fight attempts by the anti-gun lobby in conjunction with a very liberal activist at the c.d.c., who are trying to gain this kind of data to sue gun manufacturers and sue them out of existence. >> megyn: well, the truth is, if your doctor asks you whether you have a gun, he may have the right to ask and you have the right to say, none of your business, doc, you're not the government with subpoena power, i'm not in in
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courtroom, i'm not under oath and didn't agree to tell the truth, the whole truth and nothing, but the truth, so butt out. >> that's right and exercise your own parental rights and take your business elsewhere which is what i did, when my pediatrician asked with my baby many, many years ago. >> megyn: it wasn't that many. all right, michelle. thank you. >> you bet. take care. >> megyn: well, up next, the mystery of the notre dame football star from heart to finish and the heart-wrenching story about the girlfriend. was he in on it, did he help make up the hoax or is he an innocent victim who is being unfairly maligned? stay with us. [ male announcer ] now many humana medicare plans come with a little extra help in the kitchen. in a first of its kind partnership with walmart, humana medicare plans now include 5% savings on great for you healthier foods at walmart!
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>> well, it was one of the
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most inspirational stories of the college football season. and it turns out it was all a hoax. it takes me a lot to get me interested in sports stories. there are questions about the notre dame star who had the heart-wrenching story, his grandma died and his girlfriend died and stories in the press, now we find out it was all a lie, who was doing the lying? trace gallagher live in our los angeles news room, trace? >> reporter: and you have to remember that he was a leading candidate for the lies man trophy so-- on the heisman trophy and it was played again and again. the story goes after stanford game manti te'o met lennay cue
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kekua. and his father says he visited in hawaii and the story was after his grandmother passed away she passed away and te'o had the game of his life and many times he continued to talk about his girlfriend, listen. >> you take, you know, the love of my life, and i wonder how it would be like if she's still here, and i wonder what tonight would be like, and we talked-- >> the love of his life and he would send out tweets like the following, lennay k, you are my rock, my love and have a great night. loved her, she was the most beautiful person he ever met and problem was he never met her and she he never existed. he says he was duped, only had an online relationship, but he was talking to someone on the phone and notre dame is
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backing him 100%, listen. >> he is a guy who is so willing to believe in others and so ready to help that as this hoax played out in a way that called upon those tendency of manti te'o and roped him more and more into the trap. >> reporter: you've got to keep in mind that manti te'o is an academic all american. he is an extraordinarily bright young man, which is why so many are now skeptical of his story. and then, there is this, the man that dead has implicated who says is behind the hoax is is a man named soapo football family and he knew manti te'o and now people are beginning to look at that relationship, wondering exactly what manti te'o knew about this hoax and when he began knowing it, megyn.
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>> megyn: it's incredible, unbelievable and there are questions for notre dame, too, and apparently find out and manti te'o apparently went to them in early december and disclosed that she didn't exist, i don't know why, when the reporter asking about it, what was happening, he really to find out, and they let journalists going on believing this woman existed and the big game that took place thereafter, the sports journalists are asking, why? why did notre dame do that? and what's the real story here? trace, thanks. >> reporter: sure. >> megyn: kelly's court we're going to ask the question. that guy whose name was long from the famous football story, family is supposedly behind this whole thing, can he face charges, if he pulled off this hoax on this poor guy manti te'o and he's a true victim in all of this, are there any criminal ramifications to him. should there be. in manti te'o was in on this an ulterior motive for creating this story and misled so many journalists and
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americans so on, why did he do it improve the chances for the heisman or needed a story, what was the reason and could there be legal repercussions to this? by the way they've uncovered the woman's identity whose picture was being used online as this fake person. she have any legal recourse? she's unhappy and all of that in kelly's court coming up. first, president obama is featuring eight american citizens as citizen co-chairs of his inauguration. it's a new role created by barack obama to highlight his own first term accomplishments were examples of quotes, lies improved by his actions and we'll discuss whether this is the beginning of a new tradition as the white house would like. and a photographer snaps up of a bargain and gets a rare vi view. and wait until you see what was on this camera. ♪
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>> we received word late last night that eight average americans are tapped as citizen co-chairs of the president's upcoming inauguration. we're told that the group was created to highlight the president's first term accomplishments giving examples of lives that were improved by barack obama's actions. it includes an auto worker who got called back to work after
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the auto industry bailout, a patient who says, he might not have been eligible for health insurance and a single mom able to send her son to college after received pell grants. and joining me juan williams, fox news analyst and ben ferguson, host of the ben ferguson show. 's already taken heat for this because people are saying, it's a little of self-congratulatory, it's not typically done and it's a little, look at the people i've helped. good for me. but is there anything inappropriate about that, juan? >> no, it's his inauguration and i think that i remember back to covering ronald reagan, he introduced the idea of bringing people onto the balcony giving the state of the union to illustrate the point he was trying to make, the program, the legislative agenda he set for himself and i think this is a lot like this and reminded of the criticism that attracted the president attracted yesterday when he had those young
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people, those children at the ceremony for his signing that gun-- his executive orders on gun control, but the idea, i think, is as i understand it from the white house, to exhibit core values that attach to this administration, so this is the president saying this is who i am, i stand for someone who didn't have health care before. i stand for a gay persowants to. i stand for veterans who served and now deserve a job in the country. that's upbeat stuff to my mind. >> megyn: ben? >> juan, there's also people sitting there going you've got a guy who got an overinflated salary and we lost money bailing money out of an auto company and a break because he choose to put money into the right sector green and alternative energy. if the president wants somebody to come and praise him look at how grand my ideas
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are, wouldn't be able to accomplish anything in life if it wasn't for my government and presidency to save them. she would have died of cancer, he would still be unemployed and he wouldn't have any wind power. that's not a little bit of narcissism from the president to have them come and tell him how great he is. i mean, what, also, on inauguration day, what are we telling the person people? you can't accomplish anything without the great barack obama giving you something that he thinks you need? come on. >> megyn: and the end of that narrative, you've heard about him before? >> no, i was taken by ben's approach here because i thought it was so over the top. i mean, the idea that government helps people, the government of the people, by the people, for the people, and the idea that government actually helps people, i think we should be saluting that. i don't have any problem with that. i don't think that these folks, ben, would think in line with what you just said that they wouldn't have accomplished anything in life without barack obama. i think they would be offended by it. i think to the contrary what they're saying, in some situations, like the woman who
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had the brain tumor who then got health care coverage, that was a positive and she sees that as something that bert benefits all american people and cherishes life. >> juan, if you would have used her just as an example and said there's a woman here today, we did a great thing in health care, i probably would be a little bit more on board with it. but when you bring up eight sectors of how brilliant you are and then parade them in front of the american people acting as if they wouldn't have done this without his policies and his presidency, i mean, i went to college and there were some grants i got and barack obama didn't do that for me. and i also got fired once, i found another job instead of being out of work for a year, instead of sitting there waiting, man, i sure hope barack obama gets me my job back in a year. >> megyn: the pell grant, president obama got increased funding for college and i had a pell grant when i was in college and-- maybe the president is he taking too much credit?
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he got in trouble i don't know how long ago it was, within the past year by altering the bios on the website and went into president reagan's bio, that's like me. it wasn't exactly that, but tieing all the former president's accomplishments to his own and people got upset. don't mess with the bios of the people who preceded you in office and said it was narcissistic, the word that ben just used. does he risk the same accusations? >> look, i deal with politicians every day, i think they're narcissistic and-- >> comes with the territory. >> lunacy, a lot of lunacy in the town. but the policy to use and make illustrations and in this case personification, and human beings who stand for your values. you may not like his values, you may not like him. no question he's saying this is who i am and i don't think there's anything wrong with that. >> megyn: now, here you see him, here you see him taking the oath of office first time
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around and this is going to be interesting, because when he goes to take the office the next time around, it will technically, he's going to do it four times. he will be inaugurated four times, into '08 and two after the chief justice john roberts messed up the oath and messed it up in response and a second time privately and a third time on sunday, the day the constitution says he has to do it and fourth time for the pomp and circumstance on monday. why can't we just, why do we have to have sunday and monday? >> that's the law. >> so he can, it's so he can go in on the white house bios and say i was inaugurated more than ronald reagan. >> megyn: that's like fdr. >> that's the best way to book it, i'm better than george bush. >> he's the equal of fdr, the only guy who served four times. it's the law, megyn, he has to do it-- >> he doesn't have to do the monday thing, he has to do the
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sunday thing. >> oh, no, he has to do the sunday thing, that's in private and as you know, the event at the capitol is on monday. >> megyn: why? why can't we have the event at the capitol on sunday? >> i agree. >> well, you agree? >> i don't know, i'm going to figure this question out before bret and i are co-anchoring our coverage on sunday and monday. before i let you go, i'm going to take you back, i hope bret is watching. i was on the mall at barack obama's first inauguration, freezing, like new year's eve on times square, people go hours before, inhistory making whether you back the candidate or not. it's part of american history. >> it's a big deal. >> megyn: here is a fun moment from my experience on the mall four years ago, stand by. >> but people are ready, they have layers and food and meet tanya quickly before i let you go. meet tanya from maryland. >> hello. >> all right, now i have to show you what she's wearing,
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bret. look how tanya has prepared for her day on the national mall. let's see the layers. >> okay, i have hand warmers, gloves, and my pockets, and i have body warmers, i also have my food, i'm very prepared. >> megyn: show them what you've got here. look at this, bret. >> don't tell her to take it off. >> my lunchables. >> megyn: she's got lunchables. >> underneath that layer, i have my water, and also, i have my camera, in this pocket. >> megyn: got to have the camera. >> exactly, exactly. >> megyn: she said nothing was going to stop her from being here, is that right. >> no way. (laughter) >> she should have gone skiing with that lady with the avalanche beacon earlier, they could have been best friends. >> megyn: talk about being prepared. i hear she's out there right now waiting for round two or technically three and four. thanks for being here. >> take care, megyn. >> megyn: we'll see you. bret and i will be together
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co-anchoring special coverage of the inauguration, sunday, monday, tuesday, wednesday-- no, just sunday and monday. hope you'll join us. new questions on the heartwrenching story of a football player's dead girlfriend. who made it up and could they face legal penalties. >> i didn't think it was real, i saw a lot of facebook updates and no way this could be happening. >> i was incredibly shocked, but you can also see why, why it is believable because you know, if it is a hoax and he was getting tricked, yeah, it could have been like a practical joke that got out of hand. yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'.
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email marketing from constant contact reaches people in a place they're checking every day -- their inbox. and it gives you the tools to create custom emails that drive business.
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it's just one of the ways constant contact can help you grow your small business. sign up for your free trial today at >> kelly's court is back in session. the emotional story of a college football player facing adversity in the end turned out to be a big hoax. we told you earlier about notre dame's manti te'o, led
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the fighting irish to a major upset one day after learning his grandmother and supposedly his girlfriend had both passed away and that's where things get interesting. that girlfriend who te'o allegedly knew of the name of lenn lennay kekua, died from leukemia and no record of his birth could be found and she never existed at all and that combined with this statement from te'o made it so puzzling. >> the most beautiful girl you've ever met not because of her physical beauty, but the beauty of her character and who she is. she is just that person that i turn to and even though she was fighting lukemia and fighting various things, she'll always-- she always found time to serve someone else and her biggest
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thing to me was always, always be humble, always be humble and keep god as my number one closest friend. and as long as i strive to honor him, i'll be honoring her and her whole thing was not about herself and that's why we're so close. >> megyn: joining me now, former prosecutor now defense attorney mark eiglarsh, and the girlfriend never existed. somebody was playing a hoax. and they found a guy who knows manti te'o, who appears to have been behind it according to who broke the story open. the question was whether he was the only one in on and it whether te'o himself may have been working with this guy to create the myth of the fake girlfriend something notre dame says is not true, something te'o says is not true. arthur, what do you make of it? >> first of all, my prediction we're going to hear a lot more in the next seven days what's
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going on here, there's more to this. this is a huge university, notre dame. the fact that they found out about this a month ago or more and we're hearing about it now, after the hoopla, after the big game, is, that's questionable to be generous about it. number two, to hear that guy speak the way he did about her beauty, and her-- it wasn't just her physical beauty and inner beauty, i cannot find anywhere any evidence that he's ever met her, that he was ever face-to-face-- >> yeah, he hasn't. >> megyn, how could you talk about anybody like that you've never met. >> oh, you could. >> and then-- >> don't be so heartless, i'm not saying he's innocent, i don't know-- >> he doesn't go to her funeral or wake. >> he had a game. >> he doesn't visit her family, doesn't go to a memorial, a cemetery. >> megyn: the relationship was all online, mark, what he's saying, all online and he was
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embarrassed he talked about having met her when he knew that people would judge her for just having an online relationship only. >> that's right, when it came to light, at least for him, you wonder why he doesn't come clean because people like arthur would judge him and think he's either part of the hoax or a complete lunatic and what he is. >> yeah, i agree. >> in my opinion at least right now it appears that he is a victim of what they call catfishing. in 2010 there was a documentary made and mtv had a subsequent series about that concept, where people are sucked in by internet predators who fake elaborate lives and use people like him, he was the perfect mark, because of his beliefs, because of how trusting he is, because of his faith, and i think as it stand right now, well, i'm not 100% convinced, but appears i'm giving him the benefit of the doubt and could be a victim. >> megyn: let's assume for the next question, arthur, he is a victim. does he have any legal recourse against the guy, we
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believe it's this guy from a famous football family, who set up this fake internet profile for lennay, whatever her name was, kekua? >> okay, so you're asking me to take a huge leap of faith. >> megyn: we know where you really stand, but if he's a victim, does he have legal recourse? >> does he have legal recourse? yes, i would say he does, because he is going -- he's damaged, in my opinion. he's damaged, his reputation is damaged unless in the next couple of weeks, it all gets cleared and the only recourse he's got to see a psychologist and he can't have any intimate relationships. he can't sleep anymore. it's totally, he's not an all american, and his grade point average drops down and he can't live the life that he was living before this, then he would have some sort of damage. >> the perfect attorney. >> megyn: go ahead, mark. >> arthur is the perfect attorney for him.
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they're now discussing where he should go in the draft and if somehow his victimization causes him significant damages he can try to squeeze water from this predatory rock that might have set this whole thing up. >> megyn: what about the girl whose pictured. in and their piece they say her name is reba, that's not her name, but tracked down the girl whose pictures were used by te'o and others as the alleged lennay k kekua, it's toughy. this is the girl they call reba, she's not happy her image was used. do she have any resource. >> what are her damages, probably a check for x amounts of hundreds of dollars, $25,000 from people magazine or national inquirier or whatever. >> no. >> i don't know what, it has-- she just appears to be a victim as well. so unless she had some sort of
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mental breakdown because of this, i don't know what her damages are. >> megyn: well, i'll tell you-- >> i don't see he it. >> megyn: mark ten seconds. >> there has to be a physical manifestation, she is he' the not saying-- >> i just said a mental breakdown. >> megyn: the whole thing makes me sad. we'll be back. so you say men are superior drivers? yeah. then how'd i get this... [ voice of dennis ] driving bonus check? every six months without an accident, allstate sends a check. ok. [ voice of dennis ] silence. are you in good hands?
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>> a brand new jobless numbers out from the labor department. the number of americans seeking unemployment benefits fell last week by 37,000 to 335,000. and the four week average fell to slightly more than 355,000, now this is the lowest level in five years, but jobless numbers in january can sometimes be misleading because many companies hire temporary workers during the holiday season. a california artist thinks he struck gold when he finds an
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antique camera for sale for just $100, but what's inside the camera is the real treasure. eight developed pictures taken on the round during world war i. trace gallagher live from l.a. >> reporter: pretty cool, right? he lives in san diego and said hey, this antique shop in l.a. bought this photography estate. and he drove the 100 miles and looked around and found dozens of old cameras, a 1901 french camera that caught his eye. he bought it, took it home and while cleaning it, he opened the film chamber and found original glass plates with fully developed negatives. listen. >> it was incredible to me that developed images were in the camera, but now that i think about it, the serendipity and the fact that i saw the camera as i first walked in. >> look at the clarity of the pictures. turned out to be pictures of war torn france and military men holding what appeared to
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be a bomb. look at the devastation there. the pictures are so fascinating and now he plans to take them on the road to kind of show them off, right? teach the iphone generation a few tricks on old photography and a brand new mantra, listen. >> history honor the vision of artists, just be careful with your old stuff. >> reporter: and i mean, just looking at eight pictures, very, very cool. the camera as you said, megyn, 100 bucks, but the pictures inside, you know, you hate to sound like the visa commercial, but wow, these are really, really cool. >> megyn: i think that's american express, right. >> reporter: no, it's visa. >> megyn: it is, sorry, visa. >> reporter: or master card. >> megyn: thanks, trace. whatever. >> reporter: sure. >> megyn: well, coming up in a bit, growing concerns now about the hostage crisis in algeria as we get conflicting reports about what's happening on the ground at the bp facility. where it is believed that americans are being held. the latest on the terror
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attack in the desert.
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America Live
FOX News January 17, 2013 10:00am-12:00pm PST

News/Business. Breaking news and interviews. New.

TOPIC FREQUENCY Algeria 13, Washington 7, Boehner 5, Megyn 5, Israel 5, Dr. Keith Ablow 4, Obama 4, George Bush 3, Jay Carney 3, Dennis 3, Ap 3, Humana 3, Benghazi 3, Michelle Malkin 3, Diabetes 3, Newtown 3, Humira 3, Slimful 3, Tanya 2, Juan 2
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